Legal obligation to provide copy of a default notice?

fluffykins13

Hi, does anybody know if banks are legally obliged to provide a copy of a default notice? Alliance and Leicester are claiming they're 'only obliged to keep a record of the issue date of a default notice'.

Grateful for any advice.

never-in-doubt

fluffykins13 wrote: »

Hi, does anybody know if banks are legally obliged to provide a copy of a default notice? Alliance and Leicester are claiming they're 'only obliged to keep a record of the issue date of a default notice'.

Grateful for any advice.

nah they are talking utter nonsense - its their way of trying to wriggle out of it. I seen your other post about this but lost it before replying

Basically, they try and say 'our systems show we sent it on XX date so its true'. Actually, its not! add something along the lines of the following in your response to them: They will then realise you know what you're on about......

Good Luck - post here if you get stuck and i'll sort it for you. Sutton's default removal letters

I would like to make it abundantly clear that simply stating you're in no doubt that the default noticed was issued, meaning you're obliged to keep a record of the issue date of a default does not conform with Data Protection and in particular my legal right to request a copy of said Default Notice.

Need I remind you of s.87 (1) of the CCA1974?

87 Need for default notice
(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum

Despite numerous requests, to date I have not received a copy of the Default Notice from your organisation which I requested. In view of the circumstances I do not feel it unreasonable to ask for this document to be disclosed, it is not commercially sensitive nor is it a restricted document and should be easily accessible for an organisation such as yours.

Therefore I would ask that you provide me with a copy of the Default Notice that confirms it was properly executed; I require the complete document with all its parts. The reason why I require this information is clearly set out within my original letter but for clarity, I require this document as I have reason to believe that there may be discrepancies within the Default Notice which may leave it improperly executed.

Since this matter is likely to be subject to proceedings and given that your organisation is likely to be a defendant in any action which would be brought by me, I must draw your attention to Civil Procedure Rules part 31.16(3)(C)&(D) which gives the court the power to order you to disclose this document to me.

The disclosure of this document will allow me to consider any claim I may have against your organisation and will allow for the matter to be dealt with, possibly without the need for costly litigation. Therefore I again ask that you provide me with the document which I have previously requested.

I do not consider this request unreasonable and therefore if you fail to comply with my request I will be left no option but to make an application to the County Court for an order made under the provisions of CPR 31.16 ordering you to disclose the document which I have requested.

Additionally I will ask the court to make an order for my costs in bringing this application and reserve the right to disclose all communications in this matter before the court should such an application become necessary.

I must stress this request is made pursuant to the Civil Procedure Rules (Pre-action Protocols / Part 31.16) and not under the CCA (1974); therefore an unsigned copy will not suffice, only a copy of the original notice in its unaltered form will suffice in these circumstances.